Article 186. General provisions of investigation and accounting of accidents related to labor activity of the Labor Code of the Republic of Kazakhstan

Home / RLA / Article 186. General provisions of investigation and accounting of accidents related to labor activity of the Labor Code of the Republic of Kazakhstan

1. Cases of damage to the health of employees related to their work and resulting in disability or death are subject to investigation in accordance with this Code, as well as:

1) persons studying in educational institutions, during their professional practice;

2) military personnel, employees of special state bodies involved in the performance of work not related to military service, service in special state bodies;

3) persons who are employed in places of deprivation of liberty and by court verdict;

4) personnel of professional emergency services and formations in the field of civil protection, paramilitary security, members of voluntary teams to eliminate the consequences of accidents, natural disasters, to save human life and property.

2. Accidents related to work, damage to the health of employees, employees of the sending party, related to the performance of work duties, resulting in disability or death, if they occurred, are subject to accounting.:

1) before or after the end of working hours, when preparing and putting in order the workplace, production tools, personal protective equipment and other actions;

2) during working hours at the workplace, along the route of the employee, the employee of the sending party, whose activities are related to movement between service facilities, including on the instructions of the employer or the receiving party, as well as during a business trip in the performance of work duties;

3) when traveling to or from the place of work in a vehicle provided by the employer or the receiving party;

4) on a personal vehicle with the written consent of the employer or the receiving party for the right to use it for official purposes.;

5) when performing actions on their own initiative in the interests of the employer or the receiving party;

6) on the way of shift workers from the place of assembly (residence during the shift period) to work or back in a vehicle provided by the employer or the receiving party.

3. Accidents related to work, damage to the health of employees, employees of the sending party, during the investigation of which it is objectively established that they occurred, are not subject to accounting.:

1) when the victim performs work or other actions on his own initiative that are not part of the functional duties of the employee, the employee of the sending party and are not related to the interests of the employer or the receiving party, including during the period of inter-shift rest during shift work, rest breaks and meals;

2) in the case when the main cause was a state of alcoholic intoxication, the use of toxic and narcotic substances (their analogues) by the victim;

3) as a result of deliberate (intentional) harm to one's health, as well as when the victim commits a criminal offense;

4) due to a sudden deterioration in the victim's health, unrelated to the effects of industrial factors, confirmed by a medical report.

4. The investigation of cases of occupational diseases is carried out by the employer jointly with the state body in the field of sanitary and epidemiological welfare of the population in accordance with the procedure determined by the legislation of the Republic of Kazakhstan in the field of healthcare.

5. Responsible officials of healthcare organizations must inform employers and the territorial unit no later than two working days about each case of initial treatment of an occupational injury or damage to the health of employees related to work, as well as about cases of acute occupational disease (poisoning) to the state body in the field of sanitary and epidemiological welfare of the population.

6. The employer is responsible for organizing the investigation and registration of work-related accidents and occupational diseases at work.

7. The receiving party is responsible for organizing the investigation of accidents related to the work of employees of the sending party and occupational diseases at work, as well as for admission to the facility or workplace of a representative of the sending party.

 The Labor Code of the Republic of Kazakhstan dated November 23, 2015

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Republic of Kazakhstan

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